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2026 Supreme(Online)(Ker) 15506
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SITHARA SHERIN K. – Appellant
Versus
THE SUPERINTENDENT, CENTRAL PRISON, KANNUR – Respondent
WP(CRL.) NO. 408 OF 2026 | SC NO.99 OF 2013
For the Appellants/Petitioners: SHRI.SUNNY MATHEW, SMT.BHAVANA K.K
For the Respondents: SRI.E.C.BINESSH, SR PP
Emergency parole rights under prison management rules recognized for convicts in compelling circumstances.
Headnote:This Writ Petition under Article 226 seeks emergency leave for the petitioner's convict husband. The request was based on the necessity to attend a funeral but was initially rejected. Citing Rule 400 of the Kerala Prisons and Correctional Services (Management) Rules, the court granted leave for five days. The decision reflects the court's assessment of the convict's situation. The convict is granted emergency parole for five days from 13.03.2026 to 17.03.2026.
| Table of Content |
|---|
| 1. emergency leave request for convicts (Para 1 , 2) |
| 2. court heard arguments on the leave request (Para 3) |
| 3. governor's consideration of funeral attendance (Para 4 , 5) |
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
“i. To issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to grant emergency leave to the petitioner’s husband by name Rashid @ Vava Convict No. 250/2023 for a period of
10 days from 07.03.2026 to 18.03.2026.
ii. Any other reliefs which may be prayed for from time to time. ”
2. The petitioner is the wife of a convict. Petitioner’s husband has been convicted in S.C.No.99/2013 on the file of the Additional Sessions Court – III, Manjeri. He has been sentenced to undergo various terms of imprisonment including imprisonment for life. The petitioner submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency leave to enable the convict to attend the funeral ceremony of the convict’s father-in-law. That application was rejected by respondent No.1.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.
4. Materials have been placed before this Court to show that the post funeral ceremony of the convict’s father-in-law is scheduled to be held on 16.03.2026.
5. The learned Public Prosecutor opposed the application. 6. Having regard to the circumstances brought out, I feel that the convict is entitled to emergency leave for a period of 5 days from 13.03.2026 to 17.03.2026.
Accordingly, the Writ Petition is disposed of directing the Superintendent, Central Prison and Correctional Home, Kannur, to release Sri. Rashid @ Vava (Convict No.250/23) on emergency parole for a period of 5 days from 13.03.2026 to 17.03.2026, as provided under Rule 400(4) of the Kerala Prisons and Correctional Services (Management) Rules, 2014. The convict shall surrender before the Superintendent, Central Prison and Correctional Home, Kannur, on 18.03.2026, without fail.
Sd/-
